Legal Opinion

American Railway Express Co. v. Estroff

Court of Appeals of Georgia

Decided February 8, 1924No. 14649PublishedCited by 2 opinions

1Opinion of the CourtStephens, J.

1. Contraéis limiting a carrier’s liability for goods lost in transit must be express, and knowingly and understandingly made between the parties. See, in this connection, American Railway Express Co. v. Daniel, 29 Ga. App, 780; Adams Express Co. v. Croninger, 226 U. S. 491 (33 Sup. Ct. 148, 57 L. ed. 314, 44 L. R. A. (N. S.) 257). Where a carrier seeks to limit its common-law liability for loss or damage to goods in transit, it must do so by an express agreement made at the time of the receipt of the goods from the shipper. Where goods are received for shipment by a carrier and no receipt or…

2Cases cited1 opinion

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912

3Cited by2 opinions

  1. Clubb v. HetzelSupreme Court of Kansas · 1948
  2. Veasey v. GCL&FA, Inc.Court of Appeals of Georgia · 2003

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